The Supreme Court of Appeal (SCA) in Bloemfontein will hear the matter between telecommunications giant, Vodacom, and the “Please Call Me” inventor Nkosana Makate next Tuesday.
Vodacom approached the SCA seeking an order to reverse the decision of the Pretoria High Court. The court ruled that Makate is entitled to 27% of the revenue generated by the return of calls sent through the “Please Call Me” platform.
The protracted legal tussle between Vodacom and Makate will finally be heard by the Supreme Court Appeal.
Vodacom has poked holes in the High Court judgment, arguing that the lower court has misdirected itself on several legal aspects.
The telecommunication giant contends that the R47 million it offered to Makate is reasonable compensation.
Makate has rejected the offer, saying he is entitled to anything between R28 billion and R110 billion.
Makate also wanted 15% of the revenue, a demand which Vodacom rejected.
The appellants submits that Makate’s model is both conceptually and fundamentally flawed.
They further contend that Makate’s calculation is grossly exaggerated.
In February, the High Court also ruled that Makate was entitled to 5% of the total voice revenue generated from the micro-text service from March 2001 to March 2021.
VIDEO: Court orders Vodacom to pay ‘Please call me’ inventor 5% revenue
Vodacom argues that the High Court has afforded Makate a 20-year revenue share without explanation.
Responding to court papers before the SCA, Makate said the order by the High Court that he deserves greater compensation from Vodacom is correct and entirely appropriate.
Makate indicates that Vodacom has failed to make any case on appeal.
He wants the SCA to dismiss Vodacom’s case with costs, which includes costs of the two counsels.
In his heads of argument, Makate insists that he was shortchanged and that the model used by the CEO of Vodacom to determine his payout is flawed.
He submits that his invention ensured that customers stayed with the network provider and prevented Vodacom customers without airtime from being locked out of their numbers after a few months because they could not send ‘Please Call Messages’.
He says Vodacom earned billions of rands from his invention.
